www.iva.co.uk

I posted about this a few weeks back as I thought i would be getting a back payment, and yes I was right, there is a back payment due. I dont want to disclose how much, but it came as a shock that its over £1k.

I appreciate i am going to have to part with some of this money and just wonder what the usual protocol is, ie will the dwp pay me and I and then its up to me to ring my IP to declare and sort out how much they want for my IVA and how much I might be allowed to keep for my son's needs or do the DWP pay the IP and the IP passes anything I'm allowed to keep etc.

On a side note, will I have to re-do the income / expenditure again?

I know i can ask the Ip, but cant now until monday anway, so would like to be ahead etc.
Cheers

I would imagine that the money will be paid to you and then you will need to redo an I&E and work out with your IP what extra, if anything, you need to pay across

If it is back money for your son it should not be paid to the IVA in my opinion. It is for his needs and not your creditors. Any money paid on an ongoing basis would also be excluded unless it is carer's allowance paid directly to you. Even then I would allow some of this for respite and would certainly not want to take much if any at all.

Couldn't agree more, do the right thing and inform your IP but I would be very surprised if he or she felt there was any need to part with any of it given the circumstances you describe.

Regards.

This is DLA for your son......to help and support him in everyday activities and to make it easier for you as a family to continue in daily life etc - therefore the back pay you have received should not be taken in my opinion as it is simply reimbursing your for those costs over the period of time it is for.
Equally moving forwards the DLA for your son should NOT be taken into account (my opinion).......

However saying all of the above your own IP needs to be involved in this conversation as they will need to agree your situation.

Let us know how you get on.

I don't know about the back payment, but my son receives the middle rate of DLA and none of this is paid into my IVA for the reasons already given (i.e. it is money paid to my son for extra care needs).

It appears in my I&E as £x income, and is then offset by the same amount as 'Care needs for son'.

Re Carers' Allowance - when my wife was in receipt of this for looking after my son, this too appeared as £y income and the same amount as 'Care costs' - none of this was taken into my IVA payment either.

The local Family Support at CAB has also told me that I can apply for extra tax credit now as well, and that there will also be a back payment from this too. Blinkin good timing as the cooker is on its last legs as son needs hot food diet and oven does 'overtime' (complicated and a whole other story!) Does anyone know will the tax credits (HMRC) pay this straight accross to the IP or will it come to us for our Son?

Hi Kermit - tax credits are normally taken as income but it soundsl ike getting the cooker is a priority so hopefully that can be done first. I would suggest discussing an overall I&E review with your IP as if there is more income coming into the house (excluding the DLA) you may either be able to afford more into your IVA or some allowances may be able to be increased if more flexibility is needed.

Hope you get the cooker sorted soon and a good reliable one!

Hi Kermit the family support is right, i get DLA for my son and the extra tax credit. The money should come to you in with your usualy tax credit. I get paid weekly.

how long do they take to sort it out in the first instance? and I am wondering if they will send it to me or just straight onto ip? if it comes to me then i can get the new cooker sooner you see, but if it goes straight to the ip then i wont see any of it?

All the money should come to you, at which point you should inform your IP of it. The DLA for your son is not yours anyway and will be completely safe and is yours to do with as you see fit. As my colleagues have intimated, there may or may not be extra from the tax credits to pay over, but at least you are safe in the knowledge that if there is anything extra to pay it will come from extra money that you actually receive so you cannot conceivably be any worse off.

Regards.

I'm not sure if this is possible, but perhaps your IP could agree to you retaining up to £x from the tax credits in principle to allow you to purchase a cooker as soon as you get the money. That way you don't have to wait for the money and then wait for a decision.

hi i was really intrested in your post as i have a child who gets DLA. I have been told by the cab and an independant charity that the childs dla is safe and forms no part of the iva. Also there is criteria set out by the dla that the money has to be used for the use of the child named and that you may take no part of it for acting as their representitive so if the ip or creditors try to make you. You can quote this clause. It may be worth getting it in writing we actually have a letter from the dla stating this. As they class it as a breach and you could then be at risk of losing the dla. good luck

HI, i hope it all works in your favour Im a big believer that none of the DLA should go towards the IVA . However I wasnt tht lucky and my IP included the whole lot. I dont want to put dampers on it but dont want you to raise your hopes thinking you will get it all yourself .. good luck

Hi

In response to this thread I have just e-mailed my IP to get a response. I too have DLA and have not been offsetting. My son has a mental health disability which requires us to give him extra care and attention so how do you put a price on that?!

I am in a 6-year IVA so we've already done 4 years but every little helps [:D]